PROP. 36 DIVERTING COUNTY'S DRUG OFFENDERS TO TREATMENT PROGRAMS

After nearly two months of implementation, 296 convicted nonviolent drug
offenders were referred to treatment in lieu of jail in San Diego County
under Proposition 36.

On July 1, local alcohol and drug treatment facilities began accepting
referrals from the Department of Probation. After a screening process,
probation officials determine the extent of treatment the offender needs,
such as residential or nonresidential.

The county received more than $9 million to implement Proposition 36 and
$4.5 million was allocated from Jan. 1 through June 30 for planning,
treatment-capacity building and other infrastructure needs. The remainder
has been deposited into an interest-bearing trust fund.

So far, County Health and Human Services (news - web sites) officials in
the Alcohol and Drug program are pleased with the transition.

"The implementation has been going smoothly," said Al Medina, the
administrator for the County Alcohol and Drug Program. "There have been
some processing issues that we have been able to work out."

Medina said the program is seeing more serious alcohol and drug problems
than anticipated, but offenders are showing up for help.

Only 12 percent of the referrals are going into level one treatment, which
Medina said is an educational format. Forty-five percent are enrolled in
level two out-patient day treatment; 31 percent in level three out-patient
intensive day treatment and 11 percent in level four residential treatment
including detox.

Officials anticipated 35 percent of those referred to treatment wouldn't
attend once released by the court, Medina said. The no-show rate in the
first month of the program was about 10 percent, he said.

"Our biggest challenge is to identify the resources to cover the costs of
drug treatment," Medina said. SB 223, a bill to provide $8 million for drug
testing not included under Proposition 36, is working its way through the
state Legislature.

In the interim, he said, they are using the resources of the probation
department for drug testing, but it's not expected to last. Also, the
county wants to add detox and short-term facilities as well as more
long-term beds.

Marc Stevenson, director of Proposition 36 implementation at the McAlister
Institute, said they hired four new staff treatment counselors, and are
considering hiring another counselor for their East County facility and
possibly one in North County, to work with the influx of referrals.

The institute's three facilities received more than $1.35 million under
Proposition 36, Stevenson said.

There are 53 clients at the McAlister East County site who are using the
existing services and curriculum, he said. The center plans to separate the
Proposition 36 program by the end of the year as it's getting too big to
include into their existing services.

"It's a big commitment for someone," he said. "When some of these guys are
signing up, they think they are signing a get-out-of-jail-free card."

The treatment facilities must be licensed and certified by the state
alcohol and drug program under the measure's guidelines. Also, the 30
centers offering treatment under Proposition 36 must submit monthly reports
to the probation department.

The County Alcohol and Drug Program is evaluating the program during the
first quarter and will have a status report after the first three months,
Medina said.

"We have a policy group that is overseeing the entire implementation
effort," he said. "The weekly steering committee to work out processing
issues and operations are fully going according to plan.

"The ultimate test is the person that continues to refuse to go."

In the event an offender doesn't attend treatment for the third time, the
Probation Department would go back to court to determine if the offender is
"unamenable." The convicted offender could be sentenced to 30 days in jail.

The county is looking to increase the number of facilities that meet the
requirements under Proposition 36.

Stevenson, from the McAlister Institute, said they currently have open
slots for day treatment, but they are filling up.

"In the short two months, we're getting a core group coming in on a regular
basis," he said.